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Case T-524/11: Judgment of the General Court of 12 November 2014 — Volvo Trademark v OHIM — Hebei Aulion Heavy Industries (LOVOL) (Community trade mark — Opposition proceedings — Application for Community figurative mark LOVOL — Earlier Community word and figurative marks and earlier national figurative marks VOLVO — Relative ground for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62011TA0524

62011TA0524

November 12, 2014
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22.12.2014

Official Journal of the European Union

C 462/20

(Case T-524/11)(1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark LOVOL - Earlier Community word and figurative marks and earlier national figurative marks VOLVO - Relative ground for refusal - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009))

(2014/C 462/31)

Language of the case: English

Parties

Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: M. Treis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hebei Aulion Heavy Industries Co., Ltd. (Zhangjiakou, China) (represented by: A. Alejos Cutuli, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 July 2011 (Case R 1870/2010-1), concerning opposition proceedings between Volvo Trademark Holding AB and Hebei Aulion Heavy Industries Co., Ltd.

Operative part of the judgment

The Court:

1.Dismisses the action.

2.Orders Volvo Trademark Holding AB to pay the costs.

(1)

OJ C 355, 3.12.2011.

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